''National Socialist Party of America v. Village of Skokie'', 432 U.S. 43 (1977), arising out of what is sometimes referred to as the Skokie Affair,
was a
landmark decision
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly u ...
of the
US Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
dealing with
freedom of speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
and
freedom of assembly
Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
. This case is considered a "classic" free speech case in constitutional law classes. Related court decisions are captioned ''Skokie v. NSPA'', ''Collin v. Smith'',
[''Collin v. Smith'', ] and ''Smith v. Collin''.
[''Smith v. Collin'', (denying certiorari).] The Supreme Court ruled 5–4,
per curiam
In law, a ''per curiam'' decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively (and typically, though not ...
.
[ (per curiam).] The Supreme Court's 1977 ruling granted
certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
and reversed and
remanded the Illinois Supreme Court's denial to lift the lower court's injunction on the NSPA's march''.'' In other words: the courts decided a person's assertion that speech is being restrained must be reviewed immediately by the judiciary. By requiring the state court to consider the neo-Nazis' appeal without delay, the U.S. Supreme Court decision opened the door to allowing the
National Socialist Party of America
The National Socialist Party of America (NSPA) was a Chicago-based organization founded in 1970 by Frank Collin shortly after he left the National Socialist White People's Party. The NSWPP had been the American Nazi Party until shortly after the ...
to march.
Background
Before the Skokie Affair,
Frank Collin
Francis Joseph Collin (born November 3, 1944) is an American former political activist and Midwest coordinator with the American Nazi Party, later known as the National Socialist White People's Party. After being ousted for being partly Jewish (w ...
and his neo-Nazi group, the NSPA, would regularly hold demonstrations in Marquette Park, where the NSPA was headquartered. However, the Chicago authorities would eventually block these plans by requiring the NSPA to post a $350,000 public safety insurance bond and by banning political demonstrations in Marquette Park.
While Collin did file a lawsuit against the City of Chicago for a violation against his first amendment rights, he realized that this case would get tied up in the courts for far longer than he was willing to wait to begin marching again.
On October 4, 1976, Collin sent out letters to the park districts of the North Shore suburbs of Chicago, requesting permits for the NSPA to hold a white power demonstration.
While some suburbs chose to ignore their letter,
Skokie—home to a significant number of Jewish people, many of them survivors of the
Holocaust
The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; a ...
—chose to respond. At first, the Skokie mayor and Village Council intended to allow the NSPA to demonstrate; the village's tactic was to ignore them, in order to give the NSPA as little publicity as possible.
The Jewish community found this unacceptable and held meetings throughout the month of April to discuss the matter. The mayor and the Village Council heard their concerns and on April 27, 1977, ordered
village attorney, Harvey Schwartz, to seek an injunction.
In addition to filing for an injunction, the Village of Skokie passed three ordinances on May 2, 1977 to prevent any future event like the NSPA's request. One states that people could not wear military-style uniforms during demonstrations.
The two other ordinances prohibited the distribution of material containing
hate speech
Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
and a required a $350,000 insurance bond to hold a demonstration.
These ordinances rendered it impossible for the NSPA to be able to hold the event.
Collin used both the injunction and ordinances as an opportunity to claim infringement upon his First Amendment rights and subsequently wanted to protest in Skokie for the NSPA's right to free speech.
On March 20, 1977, Collin notified the Chief of Police and Park District of the NSPA's intentions to protest for their right to free speech on May 1.
In the letters, he stated that about 30–50 members planned to demonstrate outside of the Village Hall from about 3–3:30 p.m. and they planned to hold up signs demanding free speech for white men, including the phrases "White Free Speech", "Free Speech for White Americans", and "Free Speech for the White Men".
Collin would send another letter on June 22, 1977 with the same details for a protest planned for July 4 from 12:00–12:30pm.
Preceding lower court cases
The case began in the local
Cook County
Cook County is the most populous county in the U.S. state of Illinois and the second-most-populous county in the United States, after Los Angeles County, California. More than 40% of all residents of Illinois live within Cook County. As of 20 ...
court, when the Village government successfully sued, under the caption ''Village of Skokie v. NSPA'', for an injunction to bar the demonstration. On April 28, 1977, village attorney Schwartz filed suit in the Circuit Court of Cook County for an emergency injunction against the march to be held on May 1, 1977. The injunction was granted, prohibiting marchers at the proposed Skokie rally from wearing Nazi uniforms or displaying
swastika
The swastika (卐 or 卍) is an ancient religious and cultural symbol, predominantly in various Eurasian, as well as some African and American cultures, now also widely recognized for its appropriation by the Nazi Party and by neo-Nazis. It ...
s. On behalf of the NSPA, the
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
(ACLU) challenged the injunction. The ACLU assigned civil rights attorneys David Goldberger
and
Burton Joseph
Burton Allen Joseph (May 30, 1930 – March 31, 2010) was an American civil rights attorney.William Grimes, "Burton Joseph, Lawyer in First Amendment Cases, Is Dead at 79", ''The New York Times'', April 2, 2010available online./ref> He repre ...
to Collin's cases.
The ACLU argued that the injunction violated the First Amendment rights of the marchers to express themselves. The ACLU challenge was unsuccessful at the lower court level.
The ACLU appealed on behalf of NSPA, but both the
Illinois Appellate Court
The Illinois Appellate Court is the court of first appeal for civil and criminal cases rising in the Illinois Circuit Courts. Three Illinois Appellate Court judges hear each case and the concurrence of two is necessary to render a decision. The ...
and the
Illinois Supreme Court
The Supreme Court of Illinois is the state supreme court, the highest court of the State of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five ap ...
refused to expedite the case or to
stay the injunction. The ACLU then appealed that refusal to the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
.
Supreme Court ruling and subsequent cases
On June 14, 1977, the Supreme Court ordered Illinois to hold a hearing on their ruling against the National Socialist Party of America, emphasizing that "if a State seeks to impose a restraint on
First Amendment
First or 1st is the ordinal form of the number one (#1).
First or 1st may also refer to:
*World record, specifically the first instance of a particular achievement
Arts and media Music
* 1$T, American rapper, singer-songwriter, DJ, and rec ...
rights, it must provide strict procedural safeguards, including immediate appellate review. ... Absent such review, the State must instead
allow a stay. The order of the Illinois Supreme Court constituted a denial of that right."
On remand, the Illinois Supreme Court sent the case back to the Illinois Appellate Court. The Appellate Court ruled
per curiam
In law, a ''per curiam'' decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively (and typically, though not ...
on July 11, 1977 that the
swastika
The swastika (卐 or 卍) is an ancient religious and cultural symbol, predominantly in various Eurasian, as well as some African and American cultures, now also widely recognized for its appropriation by the Nazi Party and by neo-Nazis. It ...
was not protected by the First Amendment. In other words, the NSPA could march, but they could not display the swastika during their march.
In its full review of the case, the Illinois Supreme Court focused on the
First Amendment
First or 1st is the ordinal form of the number one (#1).
First or 1st may also refer to:
*World record, specifically the first instance of a particular achievement
Arts and media Music
* 1$T, American rapper, singer-songwriter, DJ, and rec ...
implications of the display of the swastika. Skokie attorneys argued that for Holocaust survivors, seeing the swastika was like being physically attacked. The state supreme court rejected that argument, ruling that display of the
swastika
The swastika (卐 or 卍) is an ancient religious and cultural symbol, predominantly in various Eurasian, as well as some African and American cultures, now also widely recognized for its appropriation by the Nazi Party and by neo-Nazis. It ...
is a symbolic form of free speech entitled to First Amendment protections and determined that the swastika itself did not constitute "
fighting words
Fighting words are written or spoken words intended to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction. The term ''fighting words'' is also used in a general sen ...
". Its ruling allowed the National Socialist Party of America to march.
In parallel litigation in the federal courts, under the caption ''Collin v. Smith'', the village's ordinance was declared unconstitutional, first by the
district court and then by divided vote of the
Seventh Circuit court of appeals
The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts:
* Central District of Illinois
* Northern District of ...
.
Over a published dissent by
Justice Blackmun
Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1970 to 1994. Appointed by Republican President Richard Nixon, Blac ...
(joined by Justice White) giving a detailed history of the case and an overview of the issues involved, the U.S. Supreme Court denied further review.
Effect of the decision
In the summer of 1978, in response to the Supreme Court's decision, some Holocaust survivors set up a museum on the Main Street of Skokie to commemorate those who had died in the concentration camps. The
Illinois Holocaust Museum and Education Center
The Illinois Holocaust Museum and Education Center is a museum located in Skokie, Illinois, near Chicago. According to the Center's mission statement, its founding principle is to "Remember the Past; Transform the Future." Its mission is to pres ...
remains open today, having been moved to a new permanent location on Woods Drive in 2009.
Ultimately, the NSPA failed to carry through its march in Skokie, marching in Chicago instead when they had gained permission. From a legal point of view, the litigation left undecided, at the Supreme Court level, whether such older precedents as ''
Beauharnais v. Illinois
''Beauharnais v. Illinois'', 343 U.S. 250 (1952), was a case that came before the United States Supreme Court in 1952. It upheld an Illinois law making it illegal to publish or exhibit any writing or picture portraying the "depravity, criminality, ...
'' and ''
Terminiello v. Chicago'' remain authoritative statements of how the First Amendment applies to provocative and intimidating
hate speech
Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
expressing
fascist
Fascism is a far-right, Authoritarianism, authoritarian, ultranationalism, ultra-nationalist political Political ideology, ideology and Political movement, movement,: "extreme militaristic nationalism, contempt for electoral democracy and pol ...
or
racist
Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism ...
ideas. According to
Nadine Strossen
Nadine Strossen (born August 18, 1950) is an American civil liberties activist who was president of the American Civil Liberties Union (ACLU) from February 1991 to October 2008. A liberal feminist, she was the first woman to ever lead the ACLU. A ...
, the case was part of a gradual process in the 20th century where the Court strengthened First Amendment protections and narrowed down the application of earlier decisions which upheld restrictions of free speech, in part due to the realisation that the Illinois restrictions on Nazi "hate speech" were so broad they could have been equally used to prohibit
Martin Luther King Jr.
Martin Luther King Jr. (born Michael King Jr.; January 15, 1929 – April 4, 1968) was an American Baptist minister and activist, one of the most prominent leaders in the civil rights movement from 1955 until his assassination in 1968 ...
demonstrations in Skokie.
See also
*
''Skokie'' (film)
*
List of United States Supreme Court cases, volume 432
This is a list of all the Supreme Court of the United States, United States Supreme Court cases from volume 432 of the ''United States Reports'':
External links
{{SCOTUSCases, 432
1977 in United States case law ...
*
List of United States Supreme Court cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States.
By Chief Justice
Court historians and other legal scholars consider each Chief J ...
*
*
* ''
Beauharnais v. Illinois
''Beauharnais v. Illinois'', 343 U.S. 250 (1952), was a case that came before the United States Supreme Court in 1952. It upheld an Illinois law making it illegal to publish or exhibit any writing or picture portraying the "depravity, criminality, ...
,''
* ''
Brandenburg v. Ohio
''Brandenburg v. Ohio'', 395 U.S. 444 (1969), was a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. The Court held that the government cannot punish inflammatory speech unless that sp ...
,''
* ''
R.A.V. v. City of St. Paul,''
* ''
Virginia v. Black
''Virginia v. Black'', 538 U.S. 343 (2003), was a landmark decision of the Supreme Court of the United States in which the Court held, 5–4, that any state statute banning cross burning on the basis that it constitutes ''prima facie'' evidence of ...
,''
References
Further reading
*
*
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External links
*
Chronology of Events
{{DEFAULTSORT:National Socialist Party Of America V. Village Of Skokie
1977 in United States case law
June 1977 events in the United States
American Civil Liberties Union litigation
History of racism in the United States
Jews and Judaism in Chicago
Neo-Nazism in the United States
United States Free Speech Clause case law
United States Supreme Court cases
United States Supreme Court cases of the Burger Court